Terms and Conditions

Website Use Terms and Conditions

You are on our website: www.creamtree.co.za. Please take a moment to read these terms and conditions including our email and privacy policies to understand how they apply to your use of our website and any products or services that may you may request from us. If you have any questions regarding our website, the Terms, products or services, please click here to contact us.

(a) The Cream Tree website at www.creamtree.co.za is owned and operated by Cream Tree (Pty) Ltd (“Cream Tree” also referred to as “we” or “our” as the context indicates in these terms), a company registered in the Republic of South Africa under company registration number 2014/089681/07, which has its registered office at F56, Falcon Drive, Alverstone, Assagay.

(b) These terms apply to your use of this website. By using our website, you acknowledge that you have read and understood these terms and agree to be bound by them. This is our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. If you do not wish to be bound by any of the terms contained here, please do not use our website.

(c) We may update or change these terms without giving you notice. You should check them from time to time because your use of our website will imply that you accept any such updated or amended terms.

(d) This agreement is governed by the laws of the Republic of South Africa.

(e) You are welcome to browse or use our website for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software or the creation of any links to our website from any other site whatsoever is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents in breach of these terms.

(f) Cream Tree reserves the right to suspend our website or any part thereof or terminate an account you may have with us at any time if, in our sole discretion, we determine that you are not using the website in compliance with these terms or if we believe that any information provided by you is untrue, inaccurate or incomplete.

(g) Any indulgence or extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.

(h) People who are not resident in South Africa are welcome to use our website in accordance with these terms.

(i) Regarding any newsletter or other marketing material, kindly note that you are free to opt out of receiving our marketing material at any stage. It may take a reasonable period to update your account or any profile you may have with us.

(j) Privacy Policy
We take your rights to privacy seriously. Therefore any information that you may give to us or upload on our website including any payment card information will be stored on a secure server. We undertake to take all reasonable steps to minimise the risk of unauthorised disclosure or interception.

(k) We will not disclose, sell or rent your personal information to third parties without your consent unless we are compelled to do so by law. We may do so if you have granted consent thereto.

(l) Whilst Cream Tree will ensure that all reasonable efforts are taken to protect your personal information and/or credit card details as they travel over the internet, we cannot guarantee the absolute security of any information you exchange with us.

(m) Whilst we will take all reasonable steps to ensure that the information on our website is accurate and up-to-date, we do not however warrant that the content or information displayed is always accurate, complete and/or current.

(n) Any comments uploaded by users or any authorised experts are their opinions alone and do not in any way represent our views, opinions, beliefs or values.

(o) We look forward to and value your views, feedback and ideas submitted via our website. Please note that we do not respond to, maintain or compensate anyone that submits any feedback or suggestions. You must also note that once we receive any feedback, ideas or views you submit to us, we will become entitled to use them in any way we decide, for commercial use or otherwise and those views, ideas and feedback will become our property.

(p) You give us your undertaking for all submissions to us and warrant that your views, feedback and ideas do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer views, feedback and ideas that are defamatory, unlawful, abusive or obscene in nature or content. We disclaim any liability towards any third party regarding any of your views, feedback or ideas and you will be held accountable to any third party regarding any harm caused by your views, feedback and/or ideas.

(q) All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our website. You agree also to waive any moral rights in such content. No unauthorised use, reproduction, modification and/or distribution of any of the information on our website is permitted and is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

(r) You must not use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. No unauthorised use, reproduction, modification and/or distribution of any of the information on our website is permitted and is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

(s) Where there are any external hyperlinks on our website this must not be construed as constituting a relationship between us and any linked third party or any endorsement by us of such third party and you use any external links provided at your own risk.

(t) Advertising and other promotional material of third parties may appear on our website from time to time. Please note that this must not be construed as an endorsement of any such third party/ies or their products and/or services. You choose to rely on any information contained in such material at your own risk.

(u) Please note that you use of our website entirely at your own risk. Cream Tree makes no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via this website.